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HomeMy WebLinkAboutYukon Koyukon Subregional Cooperative Labor Agreement 1997fis ory Yukon-Koyukuk Subregional _ Yukon Koyukuk Region “Neel Ghul Neets’ Niy” Cooperative Labor Agreement en ea el aD Subregional Yukon Koyukuk Region “Neel Ghul Neets’ Niy” Cooperative Labor Agreement TABLE OF CONTENTS Page Article I Preamble and Purposes..........:.cccscsseseseeeeseeeeseeceeeeeeseeseseeeeseseeeeseeeeaee 2 Article II PURI S ees slotatateceteterateseteteretaterererarehetarstsbanshencatasucstesatebe late 3 Article III Parties, Coverage, and Basic Duties Section 1 i 5 Section 2 Tribal Sovereign Immunity. 6 Section 3 COVETA RS acdsee cahshcaatshstaessesbaretebanskabacshchdesnstabesaciedseeenbivecsbebetcdersees 6 Section 4 Cooperation and Commu nication..........ccccccceeeseeeeseseseeteeeesteeeeeeeeeeeees 6 Section 5 Inclusion of Other Parties.........cceccceceseeseseeseseeseeeseeeeseseeeeseneeseseeeeaes 6 Section 6 Basic Duties.................csssecssecsssenserenecerscocereossacataseetensreensosseroresasssenee 6 Article IV Effect of Other Agreements... eccceeeseseseseseteeseseseseseeeseseeeeneeeeees 7 Article V Hiring of Tribal Members as Employees Through Union(s)................ 7 Section 1 Tribal Employment Rights Ordinances (ATERO)..........::ccccccssseeeeereeee 7 Section 2 Firing as ieee re cess latessncdorccasetecotatetacesatuteasesacetonelstasedere 7 Section 3 Non-Discrimination Clause........c.ccccessssssssesseseseeseeeeseeeeceseeeeseeeeaeeeees 7 Section 4 Employer Violation of Hiring Procedures...........:.cccceceseseeseeeeeeeeeeeees 8 Article VI Tribal and Union Security Employer Recognition............ceeceeeeeeeee 8 Section 1 Checkoff of Dues.......ceccceccesesesseseseeseseeseseeeseeceseeseseeseseseeseeeseseeaeaes 8 Section 2 Section 3 Section 4 Section 5 Union Security... us Section 6 Employer Recognition... cccseeesessescssesesseseeecsceeeseeeseeeeseseeeeeeeeees 9 Article VIL = Grievance Procedure..........cecececeseesesesseseseesesceseeceseeecseeeseseeeeseeeaeeees 10 Section 1 Employer/Employee Disputes............ccccccesesesseseseseseseeeeeeeeeeseseseeeeesees 10 Section 2 Disputes Between Tribes and Unions..........cc.ccccesceseseeseseeeeseeeeeseeeeeeee 11 Article VIII Subsistence/Quarters/Travel.........c.ccccesessesssseseeceseeseseeseseeecseeeceeseeseeees 11 Article IX Drug/Alcohol Free Workplace... cceceeeceseceeeeeeeeseeeeseseeeeseeeeeenees 12 Article X Oday Sine aes esl chscshahslechendeceuedsusdnssnteceseetstabebskes 12 Article XI PAY sl atceseseseseteratetenssedecstaceratetetsrosctetalsdeesesetoustosacsletevacssatsecsdstedessdeneded 13 Section 1 Regular Payday . 13 Section 2 Payment of Wages Upon Termination........... wee 13 Section 3 Ttemized Deductions..............cccccccsceeseessseseceseeesseeseeeeeeeseceaeesseeseeseeeats 13 Section 4 Work in Different Classification..........ccccceeeseseeeeseseseteteeseseseeeeeeees 14 Article XT —— Wages. ciccccccssssctscsccctesccasessentesetesetesesetesesetsscetatesessncseestelessscoessncosasoees 14 Article XIII] Fringe Benefits....0...00.. cc ccccccsscseesseseeseeseeseeeceacesceaeeseeaeeaeeseeseeeeeneees 14 Article XIV Portability of Benefits Designation of AHome Trust Fundsé@................ 14 Article XV Pay Guarantees... 15 Section 1 Pay for Actual Time Worked. 15 Section 2 Show-Up Guarantee...--.-.-..ccccscceseccccsvcetscsseacsasettcossscsosesvoseteeasesenstesesere 15 Section 3 Work [njuries.......cceccecceccecsscseesecssesscecseeseeseeseaeeaeeaeeseesesseesaesaeeaseass 16 Section 4 Call-Back Guarantee............:ccccccecsessesessceseseeseeseeseesecseeeeeeeceaeeaeeaeeaees 16 Article XVI = Work Hours/Overtime/Shifts...........0..ccccccccesesseeseeeeeeeeeeeseeseeseeeeseeseeee 16 Section 1 Normal Work Day & Week . 16 Section 2 Starting Time... . 16 Section 3 Overtime Rates.........cccccccsessescescesceseesessesecseeseeseeseeseeseeeeesseestenseaseaes 17 Section 4 Multiple Shifts... ccccesscsseseeseesseseeseseeseeeeseesecseeeseesesseeseeseeseeaes 17 Article XVID Traiming........ cece eeeesescseesesceecscesesceeecseeecsesecseseeseeecseescsseseaeaceaeas 17 Article XVIII TERO/Union Admission to Jobsite...........ccccccccceseeeseeeeeeeeeeeeeeseeeeees 18 Section 1 Authorized Representation. ..........ccccccccseesesseeseseeeeeeeeeseeseeseeseeseeseenees 18 Section 2 Examination Of Records. :.:.:.2:.:<scssst-secsasecesasessssenssscsetessescsetotacsacsecess 18 Article XIX — Pre Job Comference............ccccccecssesseseesceseeseescscesecseacesteseeseeseeseeseenee 18 Section 1 Pre Job Conference............. . 18 Section 2 Notification to Subcontractor........ccccccccccscseesessceseeseeseesceseeeeeeseeseesees 18 Article XX — Union=s Trade Conflicts............cccccccccssessesseseesceseescesseseesseseesteseeseessens 18 Article XXI Strikes and Lockouts..........c.ccccecessseseceseessceseceseceseesseeeseesseeeseesscesees 19 Section 1 No Strikes/No Lockouts.. 19 Section 2 Responsibility... 19 Section 3 Judicial Remedies.. .. 19 Section 4 SV AON ACI OD cae os cece ec cee sees oes ce ee ee ee 19 Article XXII Work Preservation, Subcontracting, and Management Rights............ 20 Section 1 Construction Work Subcontractor Clause............ccccceesseeseeeseeeseeeeeeees 20 Section 2 Non-Construction Work Preservation Clause..........:cccssceseseseseeeeenee 20 Section 3 Management Ri guts ceccsn cece reese sees versa ot oes eos oes 20 Article XXIII Miscellaneous Provisions...........:ccccscsscssssssesesseseseeseeceseeeeseeseseeseneeneeees 20 Section 1 Chia Se tty POMC occa cacao cc cde scr ckc oan senccees testes cscecneededes dnc ncst 20 Section 2 Termination Slip........cecceceeeeseseeseeseseseeeesceeesceceeeseeeescseeseseesceeeeeseeaeees 21 Section 3 Work by Supervisors.........:.scccccecceseseeseseseeseeeeeesceeeseeeeecseeseseeeeseeeeeeees 21 Section 4 Immunizations and Physicals...........ccccscescseeeeeeeeseeceseeeeseeeseeeeeseeseeee 21 Section 5 Termination for Cause.........c.ccccceceseesesseseeeeeeseeeescecseeseseeseseeeeeeeeeeees 21 Section 6 Injured Person to get Priority for Rehire.......... i ceeeeeeeeeeeeeeeeeeeees 21 Section 7 New Equipment and Classifications... 21 Section 8 Severability Clause.... Section 9 Transportation in Aircraft .. 22 Section 10 Joint Venture... ee ecceeeesceceecceseeeceececcsecseeseeseeseeaeseeeaeeaeeaeeaeeaeeaeenes 22 Article XXIV Amendment and Duration........0..ccccece eee eceeeseeeeeeeseeseeeceeeeeeeeeeeees 22 Section 1 Term of Agreement... eeeecceeceseeseesceseeseesceeeseesecseceecseeseeseeeeneeease 22 Section 2 Amendment... ceeeceeeeseeseeeeeseeseeeeeseeseeaeeaeeeeeacsacsecsececseeseeseeneeeaseaes 22 Section 3 Special Adjustments......... . 23 Section 4 Termination of Agreement.. w. 23 Execution of Agreement...........cccccecesceseseeeeseseeseseeecseseeseseeseseeeeeeseeees 23 APPENDICES. ..........ccsccsssssssssssscsssssssscsscsessessssssssssssssssssssessessssessesssssasesseaseasensensess 25 APPENDIX I METHODS FOR HIRING TRIBAL MEMBERS AS EMPLOYEES THROUGH UNION(S) Article 1 Hiring Hall Job Referral Lists Maintained by Union/TERO Offices for Work Within the Subregion Section 1 Joint Hiring Committee for Oversight and Appeals............0..:c:eeee 26 Section 2 Tribal Employment Rights Ordinances (ATERO@) Hiring Preferences. 26 Section 3 PAIS TAU oc; cssscccccsncencsscsseinsqussscscseccenceccacesteseesessussosseseseassbessussetes Section 4 Selection of Employees for Referral Section 5 Rehire Provisions...........:c:ccceeeeeseeeseeee . Section 6 Employer Ability to Reject Referred Applicants...........0.0. cece 29 Section 7 Employer Violation of Hiring Procedures..........c.:cccccseseseseseeseeeeeeeeee 29 Section 8 Registration or Reregistration............ceeeeeeeeseeceseeeeseeeseseeeeeeeeeeeeeeeees 29 Section 9 Obligation to Hire Through the Union...........cceeeeeseeeseeeeeeeeeeeeees 30 APPENDIX II LABORERS= LOCAL 942 SCHEDULE A Hiring Provisions, Working Rules, Classifications, Wage Rates and Fringe Benefits Section 1 Exception to Referral Procedures..........cecsecesceseseseeeeeeseeeeeeeeeeeeeees 31 Section 2 Classifications and Wages..........:.cccccssesceseseeeeseseesceeeeeseeeeseeecseeeeseeeees 34 Article III Fringe Benefits Section 1 Fringe Benefits APPENDIX III OPERATING ENGINEERS LOCAL 302 SCHEDULE A Article I Fringe Benefits, Hiring Provisions, Working Rules Classification and Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Article II Section 1 Section 2 Article III Article IV Section 1 Section 2 Section 3 Section 4 Article V Section 1 Article VI Article VII Article VIII Article IX Wa RCS si ctadoshsnseseattidceteddeshldcestectsceauedinttdalebadsdeersdesneda 40 Working Dues Check-Off Assignment...........:.ccccceeeseeeeseseseeeeeeeeeneees 40 Health and Security Benefit.............. . 40 Pension Benefit... Apprenticeship Training-Retraining Benefit. . 41 Labor Management Cooperation Committee......0....:ccececeeeseteeeteeees 42 Contributions to Trusts... cccseeseeseeseeseeseeeeeseeeeeeceeceeeseeeseeeeeseeeees 42 Bee eee eee eee ceed ttesel Meee at linet teen tdecbbesehttdeebe 42 Apprenticeship Training-Retraining.............:ceeeeeseeeeeseeeeeeeseeeeeeeeeeeee Apprenticeship Training-Retraining. OOO eee earned lltM lek btdaabttdlettdeddabbedddettdaneodedeahedeee td eee DOC e eee ee oe rene et dsdetsatldattedalbbeseattdclldsettdlesatdentedebbekteseettedne 43 Hiring of Operating Engineers... cece eseseeeeseseeseseeeeseseneeeeseees Persons Dispatched by the Union, 1 Obligation to Hire Through the Union....0.....0....cceeceeeeeseeeeseeeeeeeees 44 OO ese ee eee cL lcbbassbebdadvesstadeebsadertedsehersedettente 44 eee OY tn nO cece cee eee ce eres tttaleebtdlettdaeeebtdaeh heel 45 Working Rules Working Rules WaTTAN WOT een a ol ocdeetaseeesucdeenscedsecowearstestenruesenee 48 Owner-Operat0l........s cece sseecseecestsesesscsesssssescscsssesssseeenssseesessees 48 Wages and Classifications..........:.cccssescesesseseeeeseeeeseseeeeseeeeeeeeseeeeeteeeees 48 eC eee eee eee ceed adeohedastihslsebhtddestlsabertsedechteeshesachicadsestedats 52 COOPERATIVE LABOR AGREEMENT By and Between NATIVE VILLAGES OF: HUSLIA, KALTAG, KOYUKUK, LOUDEN, NULATO, and RUBY and LABORERS’ UNION, LOCAL NO. 942 and OPERATING ENGINEERS UNION, LOCAL NO. 302 ARTICLE I PREAMBLE AND PURPOSES THIS COOPERATIVE LABOR AGREEMENT (hereinafter "Agreement"), between the Laborers”Union, Local No. 942 and the Operating Engineers Union, Local No. 302 (hereinafter "“Unions") and the Native Villages of i Hustta, Kaltag,2Koyukuk ‘Louden, *Nulato, and’Ruby (hereinafter "Tribes”) B all federally recognized Indian tribes with acknowledged inherent sovereign powers B is entered into to benefit_their tribal members and their families by addressing many issues plagiing these villages. By entering into this Agreement, the parties seek to carry out the following purposes, including but not limited to: -gaining wider recognition of these Tribes’ Tribal Employment Rights Ordinances (hereinafter "TERO") by other entities conducting projects in these villages: - to promote economic self-sufficiency for the Tribes, their members, their families, and other area residents; - to provide a negotiated framework for industrial peace and economic stability needed to attract rural economic development; - to establish portability, continuity, and sustainability of fringe benefit programs for tribal members; - to provide greater access to quality training and worker education programs ; - to provide better continuity in on-the-job training activities: - to promote quality employment opportunities with reliable compensation for tribal members, their families, and other area residents; - to improve the quality and productivity of the local labor force available to the Tribes and other area employers and project owners for work at projects, tribal operations, and businesses: - to improve the representation and enforcement capabilities of the Tribes' TERO agencies; - to provide the Tribes, signatory employers and area project and business owners with ready access to an additional labor and skills, when needed, from outside the Tribes’ villages; and - to provide Tribal members with access to employment and training opportunities outside their local communities. Moreover, the Agreement seeks to address the aforementioned Unions' lack of membership base in these villages and to provide the Unions and signatory employers_with ready access to quality local labor for rural projects to which they previously have had little or no access to. ARTICLE II FINDINGS In making this Agreement, the aforementioned Tribes make the following Findings as bases for their need to exercise their sovereign authority by entering into this Agreement: 1. As federally recognized Indian Tribes, these Villages have the inherent sovereign authority to enter into this type of an Agreement in order to protect and foster the livelihood of their tribal members and community members living within their respective villages; 2. By executing this Agreement, the Tribes are invoking their sovereign authority to deal with other entities in order to better the lives of their tribal members and others who live within their respective villages; 3: The Tribes are currently attempting to create long-term sustainable development within their respective villages and are seeking to utilize the Unions’ training, expertise, skills and benefits as one source of carrying out this objective for the betterment of their communities; 4. The Tribes witness many construction and other infrastructure-building projects coming into the Yukon-Koyukuk Subregion of Interior Alaska (hereinafter "subregion"), which bring millions of dollars into the subregion; 5. However, the Tribes also recognize that many of the contractors working on these projects do not comply with the local hire ordinances of the subregion's Tribes and fail to hire qualified local tribal members and other community members, thereby permitting much of the project money to leave the Tribes' respective villages; 6. Nevertheless, these projects are a major source of employment for the Tribes' members and other community members living within the subregion's villages; 7. The Tribes are entering into this partnership with the Unions to put contractors coming into the villages on notice that the Tribes have available the necessary work force trained for the work to be done, thereby re-capturing the many millions of dollars that leave the villages for the tribal and community members of the Tribes' villages; 8. By entering into this Agreement with the Unions and other parties, the Tribes seek to address a major problem facing tribal members and other community members employed on these projects, specifically, they receive no long-term benefits, such as retirement benefits, health insurance, and training, from the contractors working these projects, and what benefits they do receive are often fragmented among many different employers’ programs and funds; 9. The Tribes are putting forth a cooperative effort by forming a partnership with the Unions in order to give tribal members and other community members living in the Tribes' villages access to the Unions' benefits plans in order to take some of the uncertainty out of their communities’ futures; 10. The Tribes are also entering into this partnership with the Unions in order to increase the effectiveness of the Tribes' TERO's by utilizing the local hire aspects of federal labor law; 11. In an effort to address the aforementioned problems and to grow the Unions, the Laborers and Operators Unions have approached the Tribes in an attempt to work out a subregional cooperative labor agreement as a demonstration project for the rest of Interior Alaska; 12. These unions have previously worked out labor agreements with individual tribes in the subregion for individual projects for which small-scale success was achieved; 13. The Tribes would like to utilize the Unions B and vice versa B in order to train the work force currently living in the villages that are currently insufficiently trained to carry out certain specialized job duties; 14. The Tribes are currently administering their own Temporary Assistance to Needy Families program through Tanana Chiefs Conference, Inc. under the federal welfare reform law, Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. ' 612 et seq., and must therefore create job opportunities and have people currently on welfare rolls trained and able to work on jobs coming into the villages; 15. The Tribes are attempting to utilize Unions' abilities in coordination with the Tribes’ sovereign authority over such matters coming into the villages by formulating a plan to put in place a functioning infrastructure in each of the subregion's villages; 16. The Tribes are hopeful that coordination with the Unions, and possible employers who sign onto this plan, will create the job opportunities necessary to allow the younger community members the chance to remain in the Tribes’ villages without having to move elsewhere to find employment necessary to earn a living; 17. The Tribes are attempting to create opportunities for tribal members and other community members to acquire employment outside their respective villages and subregion through the Unions once they become comfortable and dedicated to the Unions' systems; and 18. In conjunction with using the political, social and economic clout the Tribes have in dealing with various entities, the Tribes are seeking to use the Unions’ history in dealing with employers in order to stabilize the wages that tribal and community members receive. ARTICLE III PARTIES, COVERAGE, AND BASIC DUTIES Section 1. Parties. The parties to this Agreement are the Native Villages of Huslia, Kaltag, Koyukuk, Louden, Nulato, and Ruby ("Tribes") and the Laborers’ Union, Local No. 942 and the Operating Engineers Union, Local No. 302 ("Unions"). Should other unions or potential employers of the Tribes’ work force seek to sign onto this Agreement, they may do so and become parties to this Agreement, subject to the written approval of the original parties and under such conditions as the original parties may from time-to-time establish. Section 2. Tribal Sovereign Immunity. The Tribes are all federally recognized Indian tribes possessing attributes of inherent sovereignty, including sovereign immunity from suit and exemption from the jurisdiction of the National Labor Relations Board ("NLRB"). The Tribes are in no way executing a general waiver of sovereign immunity or subjecting themselves to the jurisdiction of the NLRB or other Federal or State agencies or courts by entering this Agreement, except for the limited waivers of sovereign immunity that may be contained herein. Section 3. Coverage. This Agreement shall apply to all construction and non- construction projects coming into or near the Tribes’ villages, or subject to the Tribes’ TERO Office oversight, except where the parties specifically recognize that this Agreement may not feasiblely apply to a project in a manner that benefits all parties. In such identified cases, the parties agree they will not seek to apply this Agreement. Section 4. Cooperation and Communication. To the fullest extent possible, in order to foster an effective and powerful partnership, the parties agree they will cooperate and communicate with each other to achieve the objectives of this Agreement. Section 5. Inclusion of Other Parties. As mentioned above in Section 1 of this Article, the parties agree they will seek to add as many other public entities and potential employers as possible as parties to this Agreement in order to put in place the structure necessary to carry out the objectives of this Agreement. Moreover, the parties shall seek to add as signatory parties to this Agreement other unions whose crafts are necessary in carrying out projects in the Tribes’ villages. Section 6. Basic Duties. (1) The Tribes agree that their basic duties under this Agreement shall include, but are not limited to, identifying tribal members and other community members living in the Tribes’ villages who could potentially become Union members and assist them in becoming Union members, identifying projects that will be coming into the villages to which this Agreement would apply for purposes of allowing the Unions to train the tribal workforce, and request that contractors and other employers coming into the Tribes’ villages to perform projects sign onto this Agreement. The Tribes also agree that if they are the employers for the identified project, the Tribes shall apply this Agreement to the project. (2) The Unions agree that their basic duties under this Agreement shall include, but are not limited to, assisting the Tribes in stressing to contractors and other employers coming into the Tribes' villages the importance of having this Agreement apply to the contractors'/employers' projects, and will, if necessary, seek to have employees of the project elect to have the project unionized, administer the benefits plans mentioned below for the union members from the Tribes' villages, train the tribal workforce necessary to capture the employment of an identified village project, and advocate for members. ARTICLE IV EFFECT OF OTHER AGREEMENTS The provisions of this Agreement agreed upon between the parties shall apply to all projects identified in Article III. Provisions of national union agreements or specific project agreements to which the Tribes and Unions are parties which may conflict or differ with the terms of this Agreement shall take precedence. ARTICLE V HIRING OF TRIBAL MEMBERS AS EMPLOYEES THROUGH UNION(S) Section 1. Tribal Employment Rights Ordinances ("TERO's"). The Parties agree to comply with the relevant Tribal TERO's and their hiring preferences. The Tribes agree to amend their TERO's, if necessary, to conform to this Agreement and its Appendices. Section 2. Hiring Halls. The Unions and Tribes agree to cooperatively administer the hiring hall process and procedure as defined in this agreement. This shall be done through a sub-regional liason that shall be appointed by the Yukon/Koyukuk sub-region,on behalf of all parties and to dispatch employees to work covered by this Agreement. The Unions agree to allow unemployed tribal member and TERO applicants who are listed on the TERO subregion's job referral list or lists, to also sign their general "“out- of-work" lists maintained at the Unions’ offices for referral to projects falling outside the geographic area of the subregion, in a manner that otherwise complies with the hiring hall=s rules. Section 3. Non-Discrimination Clause. The Parties agree that they will advocate and honor local Native and local resident employment preferences as permitted by law, but will otherwise in no way discriminate against any job applicant or employee on the basis of sex or gender, religion, creed, disability, marital status, race, color, sexual preference, union advocacy or membership or non-advocacy or membership, political views, or foreign origin. Compliance with government requirements shall not be considered a violation of this clause. Section 4. Employer Violation of Hiring Procedures. In the event an employer has employed an individual in violation of this Article, the Tribe and/or Union shall decree that the employer shall pay to the Union member who would have been dispatched to that job, had the hiring procedures been followed, the full amount of wages which said individual has lost, together with the payment into the various fringe benefit trusts on behalf of said Union member. ARTICLE VI TRIBAL AND UNION SECURITY EMPLOYER RECOGNITION Section 1. Checkoff of Dues. An employer who is administering a contract to which this Agreement applies shall deduct from an employee's wages such amount of the Union dues and/or assessments owed by them to the Union, provided the employee has executed a written assignment calling for such a deduction. If an employer transfers an employee to a subsidiary and/or sister company, or if an employee is transferred by the employer to a joint venture that is formed by the employer, the employee shall not need to execute a new and separate written assignment allowing for such deductions; the original assignment shall apply in such instances. The deductions shall continue to be made by the second company and will be forwarded to the Union. Such deductions shall be transmitted to the Union within ten (10) days following the end of each calendar month. The Union shall notify the employer of the amount to be deducted and shall supply the needed transmittal forms. The above deductions shall be made by the employer so long as such payments are deemed in compliance with applicable law, and the Union agrees to indemnify the employer for any litigation costs, expenses or liabilities which an employer may incur from compliance with this provision. Section 2. Discrimination Forbidden. Any employer administering a contract to which this Agreement applies shall be the sole judge of a worker's ability, qualifications, competence, and performance. However, no Union member dispatched shal] be discriminated against for upholding lawful Tribal, TERO, and Union principles. Section 3. Job Steward. A working steward shall be appointed by the Union that will represent the Tribe and/or Union on the job at all times, subject to the supervision of the employer. The employer shall be informed of the name of the appointed steward, in writing, and only such steward will be accorded recognition by the employer. The job steward shall be the last person terminated, with the exception of foremen, provided the job steward is qualified for the last work available on the job. The Union shall be notified by the employer prior to a job steward's termination. The job steward shall be allowed to discuss grievances arising under this Agreement with the job supervisor during working hours without loss of compensation. All other TERO/Union business shall be done on off- duty time. Section 4. Discipline. The Union retains the right to discipline the Union members covered by this Agreement at all times. Section 5. Union Security. Construction. All employees performing construction work shal] become members of the Union not later than the eighth (8) day following the beginning of such employment, or from the inception of this Agreement, and thereafter shall maintain their membership in the Union. Non-Construction. All employees performing non-construction work shall become members of the Union not later than the thirty-first (31°) day following the beginning of such employment, or from the inception of this Agreement, and thereafter shall maintain their membership in the 10 Union. Membership Portability. Employees covered by this Agreement who are members of a Union signatory to this Agreement shall not be required to change unions when they are working outside their Union's normal jurisdiction. Exceptions. The Parties agree to honor exceptions to the union security provisions where required by law. Section 6. Employer Recognition. Employers signatory to this Agreement agree that the Union(s) have demonstrated that they represent a majority of the employees, waive NLRB or other representation procedures, recognize the Union(s) as the majority representative of the bargaining unit employees, and while performing work under this Agreement will become part of a multi- employer bargaining unit with other employers performing work under this Agreement. ARTICLE VII GRIEVANCE PROCEDURE Section 1. Employer/Employee Disputes. (a) If a job steward has been appointed to the project, the employees shall report to their job steward any grievance, complaint, or dispute that arises between the employee and employer. If there is no job steward, the employee shall report to the TERO officer and Business Agent. The job steward or TERO officer will attempt to immediately resolve the matter between the parties on the job. If a settlement of the matter is not reached at this point, it shall proceed to step (c). (b) If the employer and Tribe/Union have a dispute or complaint with the other party(s) and if after conferring, a settlement is not reached within five (5) working days, the dispute shall proceed to step (c) in the same manner as an employee complaint. 11 (c) Failing to agree, parties shall give the other party written notice to take the matter to mediation. The Tribe/Union and the employer shall each appoint one (1) mediator apiece for a total of two (2) within two (2) working days of the written notice to use mediation. These 2 mediators shall then appoint a third mediator and the group of mediators shall meet with the disputing parties, without recording the proceeding, and discuss possible settlement. If the three mediators cannot mutually agree on how to facilitate a settlement within three (3) days following the initial meeting, the mediators shall certify to the parties that they cannot suggest a settlement of the dispute to the parties. If the mediators group fails to reach a majority decision on such dispute or grievance submitted to it within seven (7) days, such dispute or grievance may be taken to arbitration by the employer or the Tribe/Union as herein provided. (d) Should mediation prove to be unsuccessful, an arbitrator shall be selected from a list of seven (7) names furnished by the Federal Mediation and Conciliation Service by the mediation group through majority decision. Any decision of the arbitrator shall be within the scope and terms of this Agreement, and shall be final and binding upon the disputing parties. It may also provide retroactivity not exceeding sixty (60) days from the date the dispute or grievance was brought to the attention of the Tribe/Union and shall state the effective date. (e) Times set forth by this Section may be extended by mutual agreement between the parties. (f) These administrative remedies must be exhausted prior to the aggrieved party having the right to seek judicial remedies. (g) All disputes and grievances related to operation of the hiring system must be brought before the Joint Hiring Committee described in the Appendix I of this Agreement. Section 2. Disputes Between Tribes and Unions. Given that the Tribes and the Unions have created a partnership by executing this Agreement, they will strive at all times to resolve 12 disputes amicably without seeking intervention from a third party. However, should the need arise, the Tribes and Unions shall follow the steps outlined in Section 1, subsections (b) B (f), to resolve disputes. ARTICLE VIII SUBSISTENCE / QUARTERS / TRAVEL To the extent the projects to which this Agreement apply occur within the Tribes' villages, any employer is in no way obligated to provide the local employees with quarters and subsistence. Should the job occur outside of a village and call for employees to stay at the jobsite, the Tribes and Unions shall negotiate such matters with the employers on a case-by-case project basis providing for each situation's uniqueness. The employer is also not obligated to provide for an employee's travel when it is necessary for the employee to travel from his/her home village to secure employment, unless the employer recruits the employee for the job. In such cases where the employer does not provide for travel, the Tribe and the Union may assist the employee when necessary for the employee to travel to another village for the job, provided that the Tribe and/or Union shall seek reimbursement from the employee. In such instances, the employee shall execute a written assignment allowing the Tribe and/or Union to have the employer deduct the necessary amounts in portions spread over a period of time so as to not unduly burden the employee. Employers who require employees to travel will be obligated to provide reasonable room, board, and transportation costs, which will be negotiated in advance between the Tribes, Unions, and the Employer involved. ARTICLE IX DRUG/ALCOHOL FREE WORKPLACE Recognizing the needs of projects covered by this Agreement to have a capable and competent workforce, the Tribes and Unions are 13 committed to providing employers and employees with a drug-free and alcohol-free workplace. It is the goal to protect the health and safety of employees and to promote a productive workplace, and protect the reputation of the Tribes and Unions and the employees they provide. Consistent with these goals, the Tribes prohibit the use, possession, distribution or sale at employment sites covered by this Agreement of drugs, drug paraphernalia or alcohol. The Tribes may institute an alcohol/drug-screening program to carry out the goals of this article and shall be responsible for the costs of such a program. In designing such a program, the Tribes will generally follow and refer to the U.S. Department of Transportation workplace drug policy regulations and guidelines, which have become the general industry standard. The Tribes and Unions recognize the employer's right to develop and implement a drug-screening program. The employer will be responsible for the costs involved in such screening. The employer will designate the facility to conduct the drug/alcohol screening. The Tribe has the right to refuse to refer an employee it has determined to be suffering from substance abuse after an appropriate screening and will refer the member to an appropriate substance abuse rehabilitation program. The employer shall have the same right, provided that the problem is discovered through an appropriate screening. ARTICLE X HOLIDAYS The holiday rate shall apply for work on the following days: New Year's Day Independence Day Martin Luther King Day Labor Day Washington's Birthday Veteran=s Day Traditional Chief=s Day Thanksgiving Day Memorial Day Christmas Day 14 When any of these holidays shall fall on a Sunday, then the following Monday shall be considered a legal holiday, unless Sunday is a scheduled workday. The Tribes and the Unions may agree to observe these holidays on other days of the year to provide for the special needs of the Tribes’ workforces, e.g. subsistence hunting and fishing, provided that they do so before the beginning of the calendar year in order to give potential employers adequate and timely notice. In so doing, the Parties do not intend to add holidays to this Agreement. Rather, they may only shift the listed holidays to coincide with the lifestyles of employees covered by this Agreement. Tribes will provide advance notice to unions and employers of any traditional days, in addition to any holidays, that Tribal members plan to observe that will require them to be away from work. ARTICLE XI PAY Section 1. Regular Payday. An employer on a project to which this Agreement applies shal] establish a regular weekly payday on which employees shall be paid during working hours, which payday shall not be later than seven (7) days following the end of the payroll period. Time cards shall be reviewed and signed by the employees daily or weekly and submitted to the employer. Time cards shall not be changed or altered without prior consultation with the employee, Union Business Agent and _ TERO officer. Copies of the employees’ time cards shall be made available by the employer for inspection by the employee, Union Business Agent or TERO officer or mailed to the TERO officer or Union hall (during normal working hours) upon eight (8) hours notice by the TERO officer or Union Business Agent. Section 2. Payment of Wages Upon Termination. If an employee is laid off, the person's wages become due immediately and the employer must have the employee's check at the TERO office, Union hall, or U.S. Mail within forty-eight (48) hours of 15 separation, provided, however, that an employee separated after 5:00 p.m. shall receive his/her check prior in the TERO office, Union hall, or U.S. Mail within seventy-two (72) hours. In either case, failure to pay within the prescribed period of time (exclusive of Saturday, Sundays, and Holidays) shall entitle the employee(s) to waiting time of two (2) hours per day. Employees who quit or who are discharged for cause shall be paid no later than the end of the first work day following separation. Section 3. Itemized Deductions. An employer operating under this Agreement shall itemize deductions on pay checks so employees can determine the purposes for which amounts have been withheld and shall indicate the number of straight time hours, overtime hours, dues deductions, and the basic rate per hour paid. Section 4. Work in Different Classification. When an employee is temporarily required to perform work of another classification, the employee shall be paid the rate that the classification calls for while required to perform such work, provided the employee works at least two (2) hours within that classification. ARTICLE XII WAGES Wages shall be paid in accordance with the attached Appendix II and Appendix III Schedule A. The AGC Master Agreement will determine allocations of future wage and benefit increases on all projects covered by this section. The Wage Schedule may contain different pay scales for different industries and conditions, as determined by mutual agreement of the Parties. ARTICLE XIII FRINGE BENEFITS Fringe benefits shall be paid in accordance with the rates put forth in Appendix II and Appendix III. The wage schedules may contain different pay scales for different industries and conditions, as determined by mutual agreement of the Parties. 16 ARTICLE XIV PORTABILITY OF BENEFITS DESIGNATION OF "HOME TRUST FUNDS" In order to allow a Union member's benefits to grow along with the employment of that individual, the Tribes and Unions will cooperate and assist in the creation of “home trust" funds for the Employees. Essentially, these "home trust" funds will allow an Employee to seek employment on a job that may have only one of the two participating Signatory Unions to which that Employee did not originally belong to gain employment on that job, yet have his/her fringe benefits contributions be deposited into his/her “home trust" fund. These "home trust" funds are to be created to allow an Employee to develop benefits sufficient to plan his/her future by ensuring that he/she is building only one (1) benefits package, rather than numerous fragmented benefits. Employers shall make all fringe benefit contributions for Employe- es covered by this Agreement to the Union's trust fund of the dispatched employee. The Employer shall not be obligated to contribute fringe benefit contributions for the same type of benefit to any other trust fund or benefit plan, provided that the Employee's designated home funds agree to accept the contributions and credit the Employees for those contributions in accordance with the trust fund's rules. For example, if the Employee designates the Laborers’ Employer Health and Welfare Fund as his/her “home trust" for health and welfare benefits, the Employer shall not be obligated to pay health care and welfare benefits to any other trust for that Employee. The Employees for whom contributions are made in accordance with this section to their designated home funds shall look only to those funds for benefits. All other contributions and deductions shall be as indicated in the applicable labor agreement for the geographic area in which the work is performed, unless otherwise determined by the Parties to this Agreement. If Employees covered by this Agreement do not designate any home trust funds for their various benefit contributions, then the Employer shall pay the benefits to the trusts as normally indicated above for that Employee's craft and union membership. A Tribe's TERO Officer shall have authority to designate home trust funds for tribal member 17 Employees who fail to individually designate their home trusts. In the event that the TERO Officer makes such a designation, the Employer's payments made in accordance with that designation shall be deemed to be in compliance with this Agreement. The TERO Offices, signatory Unions, signatory Employers, and participating trust funds shall all cooperate to correct any mistakes or errors in "home trust" designations. Contributions to the designated home trust funds shall be at the customary rates set by the home trust funds. The amounts paid to designated "home trusts" shall be satisfied first from the negotiated fringe benefit package. If that amount is insufficient, then the remainder may be deducted from the wage component of the Employee's negotiated pay scale. For example, if the Employee's designated home trust fund's required contribution amounts exceed the negotiated fringe package under which he/she is currently working, then the contributions may be deducted from the wage-fringe package. ARTICLE XV PAY GUARANTEES Section 1. Pay For Actual Time Worked. Except as provided in this Article, an Employee is only entitled to pay for time worked. Section 2. Show-up Guarantee. Employees reporting for work and not put to work shall receive two (2) hours at their regular straight time rate unless notified not to report at least two (2) hours prior to the start of the shift. Notification may take the form of a telephone answering device, radio broadcast or any other agreed upon device. Where employees live in camp, such notification can be given any time prior to departure from camp. Section 3. Work Injuries. Employees injured on the job, provided injury is reported to the person's Employer and requires medical attention, are to be paid for time spent on the first visit to the doctor and, if the doctor determines and certifies that the Employee is unable to return to work because of injury, he/she shall be paid the balance of the shift during 18 which the injury occurred. This provision applies to medical attention received during regular working hours only. Section 4. Call-Back Guarantee. When an Employee has completed their scheduled shift and returns by direction of the Employer to perform additional work, they shal] receive overtime pay for the actual hours worked with a minimum guarantee of one (1) hour's pay at the applicable rate. ARTICLE XVI WORK HOURS / OVERTIME / SHIFTS Section 1. Normal Work Day & Week. Eight (8) hours shall constitute the normal work day; and forty (40) hours shall constitute the normal work week. Starting and quitting time for the work day shall be established between 6:00 a.m. and 6:00 p.m. (Starting times may be staggered between the hours of 6:00 a.m. and 8:00 a.m.) in accordance with job requirements, as determined by the Employer. Employees shall receive compensation of one and one half (1 2) times the base rate for any hours worked over eight (8) hours per day or over forty (40) hours per week. On construction projects funded entirely with Federal funds and in accordance with recent amendments by Congress to the Contract Work Hours and Safety Standards Act (WHSSA) and the Walsh-Healy Act, it is agreed between the Parties that overtime will be paid only after Employees have worked more than forty (40) hours in any one workweek. However, at no time shall Employees be required to work more than ten (10) hours in any one work day unless overtime at the rate of one and one-half times the Employee's straight time rate is paid for time worked in excess of ten (10) hours. Nothing in this Article shal] be construed as guaranteeing any Employee eight (8) hours of work per day, or forty (40) hours of work per week. Section 2. Starting Time. The Employer will establish a regular starting time: except that it shall be understood that when the job conditions at the site of the work or when economical considerations warrant, other hours of starting 19 time may be established by mutual agreement between the Employer and the Tribe and Union. With respect to concrete paving, concrete pouring, asphalt paving, and road oiling, the starting time of work shall be mutually arranged to fit the job conditions. Service and maintenance personnel may be started prior to regular shifts at the straight time rate. Section 3. Overtime Rates. (a) Employees shall receive compensation of one and one half (1 2) times the basic rate for work performed on Saturday and Sunday: and two (2) times the basic rate for any work performed on holidays, excepting that when a shift of multiple shift operation is started at the basic rate or at an overtime rate, it shall be completed at that rate. Further excepting, that Saturday may be a straight-time workday for an employee (I) who was absent on a straight-time day on which work was made available by the Employer; (11) work was interrupted that week by weather; or, (iii) further, if the Employer's project specifications require that work be restricted to weekends, Saturday and Sunday will be straight time days. Section 4. Multiple Shifts. Multiple shifts and their starting and quitting times may be established in accordance with job requirements as determined by the Employer. There shall be no premium for shift work. ARTICLE XVII TRAINING The Unions agree that, once the Tribes have identified the projects coming into their respective villages, the Tribes will consult with the Unions to determine the training needs of the work season, which will enable the Tribes and Unions to supply the necessary workforce from within the subregion's villages. Once the training needs for the season have been assessed, the respective Unions will encourage the Training Trusts to train tribal members and community members living within the villages in accordance with training trust guidelines in order to prepare them for the needs of the coming work season. If the training ability of the Unions= Training Trusts are insufficient to 20 allow all of the necessary village members to be trained, the Tribal Councils of the respective Tribes B in consultation with the Unions B Shall be responsible for identifying the tribal and community members to be trained by the Unions= Training Trusts. ARTICLE XVIII TERO/UNION ADMISSION TO JOBSITE Section 1. Authorized Representation. The TERO officer of the Tribes and an authorized representative of the Union(s) shall be allowed admission to any job at any time for the purpose of investigating conditions existing on the job. However, the TERO officer and/or Union representative shall, as soon as possible, make his presence known to the employer's representative in charge of the work. On projects which are under military guard, the employers will cooperate with the Tribe/Union officials in this regard as far as regulations will permit. The employer shall also notify the Tribe and/or Union as promptly as possible of any fatalities. Section 2. Examination of Records. The TERO officer and/or Union representative shall have the right to examine all records pertaining to the employees covered by this Agreement on proper notification in advance to the employer. The employer shall make available original or copies of the original records for examinations by the TERO officer and/or Union representative upon forty-eight (48) hours’ notice from the Tribe and/or Union. To examine records, other than pay or fringe benefit computations, shall require written authorization from the employee(s). When requested by the Tribe and/or Union, employers shall make available the names, addresses and classifications of any of their employees covered by this Agreement. ARTICLE XIX 21 PRE-JOB CONFERENCE Section 1. Pre-Job Conference. For the purpose of arranging a pre-job conference, the employer will inform the Tribe and Union in writing upon award of the job. When requested by the Tribe, Union and/or employer, in writing, a pre-job conference shall be mandatory. If the employer fails to comply with this provision and the Tribe and/or Union discovers that an alleged violation of work assignments exists, the matter shall be referred to Article VII for resolution. Section 2. Notification to Subcontractor. The employer shall notify each subcontractor of the provisions of this Article and require any such subcontractor performing work with the scope of this Agreement to comply with the provisions of this Agreement under Article XXII. ARTICLE XX UNIONS’ TRADE CONFLICTS When a conflict over which Union should have jurisdiction over a project because of the crafts required on the job, the Unions shall strive to resolve the dispute in an amicable manner as quickly as possible to prevent any delay in getting tribal and village community members to work. Should the unions not be able to resolve the matter, the dispute shall be referred to Article VII for resolution. ARTICLE XXI STRIKES AND LOCKOUTS Section 1. No Strikes / No Lockouts. During the term of this Agreement, there shall be no strikes, picketing, work stoppages, slow-downs, or other disruptive activity for any reason by the Tribes and/or Unions or by any employee against employers who have signed onto this Agreement and agree to conduct work under this Agreement. Similarly, there shall be no lockouts by an employer who signs onto this Agreement. 22 Section 2. Responsibility. The Tribe and/or Union shall not be liable for acts of employees for which it has no responsibility. The Tribe/Union will immediately instruct, order, and use the best efforts of its office to cause any member or group of members to cease any violations of this Article. When the Tribe/Union complies with its obligation concerning the above- described activity, it shall not be liable for unauthorized acts of its members. The failure of the employer to exercise its rights in any instance shall not be deemed a waiver of its rights in any other instance. The Union agrees that it will not sanction a picket line nor will any Union members refuse to cross a picket line unless subject picket line meets the definitions of legitimate and bona fide primary picket line as set forth in the NLRA. Section 3. Judicial Remedies Nothing in this Agreement shall be construed to limit the Union=s or the Employer=s right to fully pursue any and all judicial remedies available under law in the event of violation of this Agreement. Section 4. Violation Employees who violate any provision of this Article are subject to immediate termination, as the employer determines to be warranted. ARTICLE XXII WORK PRESERVATION, SUBCONTRACTING, AND MANAGEMENT RIGHTS Section 1. Construction Work Subcontractor Clause. No Employer shall assign, transfer, delegate, or subcontract to any subcontractor or firm at any job-site construction, alteration, or repair work unless such subcontractor has first signed this Agreement. Section 2. Non-Construction Work Preservation Clause. No Employer shall assign, transfer, delegate, or subcontract to any subcontractor or firm at any job-site construction, alteration, or repair work unless such subcontractor has first signed this Agreement. 23 Section 3. Management Rights. Subject to the conditions in this Agreement, an Employer operating under this Agreement retains all discretionary and decision making rights not specifically limited by the terms of this Agreement. These rights include, but are not limited to, the following: directing the jobsite workforce, including hiring of personnel, selection of all supervisory employees, promotions, transfers, layoffs, discharge of employees, selecting materials and equipment to be used or installed, utilizing any work methods, procedures, techniques of construction or labor-saving devices or machines, establishing jobsite rules and regulations, determining when overtime is required and who shall perform overtime work, designation of work to be subcontracted, selection of all subcontractors, and determining the number of men/women and craft Supervisory personnel required to perform the work. ARTICLE XXIII MISCELLANEOUS PROVISIONS Section 1. Change in Policy. It is mutually understood that there is no desire on the part of the Tribes and the Unions to dictate the business policies of the Employers signed onto this Agreement, but when the Employer contemplates a change in policy affecting the welfare of the Employees covered by this Agreement, proper and reasonable notice shall be given to the Tribes' TERO Officers and the Unions. Section 2. Termination Slip. It shall be mandatory that the Employer furnish and complete termination slips for any Employee who is terminated, giving one to the Employee and retaining one for the Employer's records. Each termination or layoff slip shall show the actual reason for termination. Section 3. Work by Supervisors. While the Employer does not intend that supervisors outside the bargaining unit be regularly engaged in bargaining unit work, it is nonetheless a reserved prerogative for the Employer to assign incidental or occasional work to such supervisory personnel in instances when the 24 Employer deems it appropriate to do so without violating any provision of the Agreement or any Appendix. When deemed appropriate, the Employer will designate a particular supervisor to issue instructions to the craft working foreman utilized by the Employer to prevent duplication and confusion of orders. Hours worked by non-unit supervisors in performance of unit work are not compensable hours for purposes of Employer Trust contributions (i.e., the Employer is not obligated to make contributions on such hours worked by non-unit supervisors). Section 4. Immunizations and Physicals. The Employer shall pay for all Employer required physicals and immunizations. The Employee is not entitled to wages or other pay while engaged in these activities. Section 5. Termination for Cause. An Employee may be discharged without warning for just cause. Just cause includes, but is not limited to: drunkenness, drug abuse, dishonesty, incompetence, insubordination, negligence with equipment, unexcused absenteeism, disobedience of orders, unsatisfactory performance of duties, and violations of the project owner's rules imposed upon the Employer. Section 6. Injured Person to Get Priority For Rehire. An Employee who is required to leave employment because of job connected injuries shall, upon recovery therefrom, be given priority of hire by their former Employer when that Employer needs one or more Employees in the injured person's classification, provided the said Employee is ready, willing, and able to return to work. This section shall not apply for a different project, after a winter shut-down or if the previously injured Employee works elsewhere since his/her recovery. Section 7. New Equipment and Classifications. Wage scales for Employees not listed in Appendix II and Appendix III shall be negotiated at the time the new classification is to be utilized. Section 8. Severability Clause. In the event any section or provisions of this Agreement shall be declared or held to be invalid or illegal by an authorized Board or 25 Court, only the part, section, provision of the entire Agreement so held or declared invalid or illegal shall forthwith cease to be of further force and effect, and in such event either party hereto may upon not less than thirty (30) days written notice to the other have the right to open negotiations for the substitution of a new section, sections, or agreement consistent with the decision of the Board or Court. Section 9. Transportation in Aircraft. When Employees are transported in aircraft, such aircraft shall be operated, maintained, and have a certificate of air worthiness, and the pilot shall be licensed and certified, all in accordance with applicable laws and regulations. Section 10. Joint Venture. Any reference to "Joint Venture" in this Agreement or Appendix to this Agreement applies solely to a Joint Venture undertaken by the Employer with another company(ies) signatory to this Agreement. It is expressly not the intent of any Party to this Agreement that this Agreement be extended or be capable of being extended in any manner to any Joint Venture in which one or more Employers participating in the Joint Venture are not signatory to this Agreement. The parties are empowered to mutually consent to use special conditions, project labor agreements, and other wise modify this basic agreement for particular projects. ARTICLE XXIV AMENDMENT AND DURATION Section 1. Term of Agreement. The term of this Agreement shall be perpetual or until terminated by the parties as set forth herein. Section 2. Amendments. This Agreement may be adjusted by consent of all parties affected by such amendment, provided that such amendments are executed by the Tribes' Councils under their internal procedures utilized in such 26 circumstances, the duly authorized representatives of the Unions, other public entities signing onto this Agreement, and employers signing onto this Agreement. Section 3. Special Adjustments. In order to preserve work for the Tribes'/Unions' members and to return a signatory employer to an equally competitive position in all projects, the parties signatory to this Agreement may, in the case of specific geographical areas, industries, or projects for a specific period of time, mutually agree to put into effect special wages and conditions for that area or project, or in the case of changes in Tribal, State, or Federal Wage & Hour Standards. Section 4. Termination of Agreement. Any party can terminate its signatory status under this Agreement but can do so only by giving the other parties six (6) months written notices of such intentions. This Terms of this Agreement shall otherwise remain in force and affect until July 1, 2003, and shall automatically renew from year-to-year thereafter, unless either of the original parties serves notice upon the other original parties that it desires modifications. Such notice shall be given with the time period falling between 60 and 90 days prior to the expiration or annual renewal date. The Parties are otherwise free to amend this agreement by mutual consent at any time. Execution of Agreement IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives this day of , 2000. Native Village of Kaltag Native Village of Nulato 1st Chief or Designate 1st Chief or Designate 27 Native Village of Koyukuk Native Village of Louden 1S* Chief or Designate 1s* Chief or Designate Native Village of Huslia Native Village of Ruby 1st Chief or Designate 1st Chief or Designate Laborers Local No. 942 Operating Engineers Local No. 302 Employer Employer Employer Employer Employer Employer 28 APPENDICES TO COOPERATIVE LABOR AGREEMENT ENTERED INTO BETWEEN THE TRIBES AND UNIONS Appendix I:METHODS FOR HIRING OF TRIBAL MEMBERS AS EMPLOYEES THOUGH UNION(S) . Appendix IT: LABORERS LOCAL 942 SCHEDULE A. Fringe Benefits, Hiring Provisions, Working Rules, Classifications and Wage Rates. Appendix III: OPERATING ENGINEERS LOCAL 302 SCHEDULE A. Fringe Benefits Hiring Provisions, Working Rules, Classifications and Wage Rates. 29 APPENDIX I METHODS FOR HIRING TRIBAL MEMBERS AS EMPLOYEES THROUGH UNION(S) Hiring Hall Job Referral Lists Maintained by Union/TERO Offices For Work Within the Subregion: Section 1. Joint Hiring Committee for Oversight and Appeals. The Parties to this Agreement shall create a Joint Hiring Committee with equal numbers of representatives from the Tribes, the Employers, and the Unions to supervise and control the operation of the job referral system. The Joint Hiring Committee is empowered to hear and determine any and all disputes or grievances arising out of operation of the hiring system, and is also empowered to impose remedies. Any registrant, applicant or employee who believes they have been treated unfairly by the hiring system under this agreement must bring their appeal to the Joint Hiring Committee. Section 2. Tribal Employment Rights Ordinances ("TERO") Hiring Preferences. For projects covered by this Agreement, the Tribes agree that their subregional TERO's shall be amended in the following manner and shall create the following orders of preference for employment on projects to which this Agreement applies (NOTE: if this Agreement does not apply to a particular project, the Tribe's original TERO shall apply to the project): (a) Provided that they are members in good standing of the Laborers= Union, Local #942 or the Operating Engineers, Local #302 and have been employed by an employer(s) under a collective bargaining agreement within Alaska and have worked for such employer(s) a minimum of 500 hours in the immediately preceding twenty four months immediately preceding registration on this list, or Tribal member and other community member residents (Native and non-Native) of an individual Tribe's village within which the identified project will be conducted who have resided in the village continuously for at least the past twelve (12) months shall be of the first order of preference for employment on the identified project to which this Agreement applies. Appendix I 30 The Unions agree that this shall constitute their "Group 1" list as that term is commonly understood by the Unions and that persons on this list shall have first priority in receiving employment on an identified project to which this Agreement applies. (b) Provided they are Union members in good standing and have been employed by an employer(s) under a collective bargaining agreement within Alaska and who have worked for such employer(s) a minimum of 1-500 hours in the twelve (12) month period immediately preceding registration, Tribal member and other community member residents of an individual Tribe's village (Native and non-Native) within which the identified project will be conducted who have resided in the village continuously for at least the past twelve (12) months shall be of the second order of preference for employment on the identified project to which this Agreement applies. The Unions agree that this shall constitute their common "Group II" list as that term is commonly understood by the Unions and that persons on this list shall have second priority in receiving employment on an identified project to which this Agreement applies. Hiring preference shall be given to Group I and Group II applicants of any specific village where the specific project or job is located. If it is not located within the recognized confines of any one village, then Group I and Group II preference shall be afforded to the applicants in whichever village is located in closest proximity to the project or job. There shall be no hiring preference given to craft jurisdiction but only to the local applicant=s qualifications in regards to the position they are applying/dispatched for. After exhausting the Group I and Group II lists within any one village, if more positions remain to be filled, then the preference for dispatching will be done in order of using the balance of the sub- regional out-of-work list, with the qualified person with the lowest number, regardless of the geographical location of applicants village within the subregion. All members in good standing and listed on the subregional out-of-work list shall also be listed on the appropriate out-of-work list at their home local union halls, based on their standing as defined in the AGC Master Agreements of both the Operators= and Laborers= Unions. Appendix I 31 Section 3. Hiring Hall. The tribal offices of the Tribe within whose village a project to which this Agreement applies is being conducted shall constitute the point of hire for the hiring hall lists mentioned in Section 2. Section 4. Selection of Employees for Referral. (a) The TERO officer of the Tribe within whose village an identified project is being conducted, or another person duly appointed by the Tribe to carry out the selection process on behalf of the Tribe, shall compile the lists mentioned in Section 1, and shall refer employees in the order their names appear on the respective lists in sufficient number required by the employer when requests are made by an employer in the orders of prioritization mentioned in those lists. (b) Any applicant who is unqualified for a referral and is rejected by the employer for that reason shall be registered on the bottom of the appropriate list. After the rejection, the Tribe/Union will have twenty-four (24) hours to refer another applicant(s), Saturdays, Sundays and Holidays excepted; but, the Tribe/Union shall strive to refer another applicant as quickly as possible within the 24- hour period. (c) When a worker quits a job of his/her own volition without good and sufficient cause, he/she shall be registered at the bottom of the appropriate list. A person discharged on two (2) consecutive instances shall be placed on the bottom of the appropriated out-of-work list. (d) When a registrant is referred for employment and is actually employed on a job for more than seven (7) days in a twelve (12) month period (defined: January 1 to December 31), such registrant's name shall be removed from the list. When his/her employment terminates, he/she shall registered at the bottom of the appropriate list on which he/she is entitled to be registered. A registrant may refuse to be referred to employment in regular order without prejudicing his/her position on the appropriate list on which he/she is registered. (e) In the event that the referral facilities maintained by the Tribes and Unions are unable to fill the requisition of any employer for workers within a forty-eight (48) hour period after such requisition is Appendix I 32 made by the employer (Saturdays, Sundays, and Holidays excepted), the employer may employ applicants without reference to the referral procedure. In such an event, the employer shall notify the Tribe and Unions of the names and dates of such hiring within forty-eight (48) hours of such hiring. Section 5. Rehire Provisions (a) Request by the employer for a particular Union member previously employed under the this Agreement by the employer or a venture of which the employer was a member and who has been laid off or terminated by the employer or the joint venture within three (3) years previous to the request shall be honored, and a request for a particular worker who has been laid off or terminated more than three (3) years, but not more than five (5) years prior to the request shall be honored to the extent that one person referred to the employer by the Tribe/Union from the out-of-work list shall be employed for every person so requested by name. Job stewards dispatched by the Union shall not qualify for call back under the rehire clause. The job steward may be the first person hired and/or dispatched at the union=s discretion. (b) Where contractors/employers engage in a joint venture, workers employed by any of the joint ventures may be transferred to the job or called for by name if the requirements of the priorities mentioned above in Section 2 have been met by all of the joint ventures. (c) A subsidiary corporation or one under the control of another corporation shall be considered the same employer as the parent controlling corporation for the purpose of transferring workers to or from the parent, subsidiary, or controlled corporation. Section 6. Employer Ability to Reject Referred Applicants. Employers operating under this Agreement retain the right to reject any job applicant referred by the Tribe/ Union, in which event the Tribe/ Union shall refer another applicant; provided that this ability applies only in cases where the worker was incapable of or unwilling to do the job specified by the employer. Should an employer reject a referred applicant, the employer will give the Tribe and/or Union a legitimate reason in writing within twenty-four (24) hours. After the Appendix I 33 rejection, the Tribe or Union will have twenty-four (24) hours to refer applicant(s). Section 7. Employer Violation of Hiring Procedures. In the event an employer has employed an individual in violations of this Article, the Tribe /Union shall decree that the employer shal] pay to the Union member who would have been dispatched to that job, had the hiring procedures been followed, the full amount of wages which said individual has lost, together with the payment into the various fringe benefit trusts on behalf of said Union member. Section 8. Registration or Reregistration. Registration or re-registration of applicants for referral shall be accepted by the Tribes and the Unions during their normal business hours. All applicants shall be registered in the order of time and date of registration. To remain on the registration list, an applicant for referral must renew his/her registration no later than ninety (90) days from the date of his last registration or re-registration. Registration or re-registration and placement on the appropriate list shall be in person with the person's respective Tribal office or Union office. All applicants may register or re-register by mail or facsimile from the subregion, the member=s signature is required. Each Union's subregional out-of-work list shall consist of their respective "Group I and Group II@ lists as well as their master out-of- work lists in their respective union halls. Each applicant for referral shall be required to furnish such data, records, names of employers and length of employment and licenses as may be deemed necessary, and each applicant shall complete such forms or registrations as shall be submitted to him/her. A reasonable fee may be charged for the registration of any applicant. Section 9. Obligation to Hire Through the Union Employers shall hire qualified workers by calling the Union. The Employer shall notify the local Union office either in writing or by telephone, stating the location, starting time, Appendix I 34 approximate duration of the job, the type of work to be performed, and the number of workers required. Appendix I 35 APPENDIX II LABORERS LOCAL 942 SCHEDULE A Hiring Provisions, Working Rules, Classifications, Wage Rates and Fringe Benefits Section 1. Exceptions to Referral Procedures. The referral procedure contained herein shall be followed except that: (a) Provided they are made from the lists mentioned above in Article V, Section 1, requests by the employer for key workers to act as General Foremen shall be honored without regard to the requested worker's place on the on the Tribes’ out-of-work lists. General Foremen hired under these provisions shall not be reduced to a lower classification and their employment as a General Foreman shall not qualify as a General Foreman under this Section, the employee must actually perform the duties of a General Foreman. (b) Requests for key workers to act as foremen. The contractor shall call the Tribe and/or Union giving a description of the type of work, and other qualifications needed for their specific job. Foremen hired under these provisions shall not be reduced to a lower classification and their employment as a foreman shall not qualify them for callback under the rehire clause. The minimum requirements to accept a foreman's call shall be: 1. Have a current first aid card recognized by the Tribe or State of Alaska Dept. of Labor; and 2. Five or more years experience in the construction industry. Three years of which must have been worked under the Alaska State District Council of Laborers Agreement, or this Agreement when the appropriate period of time has passed allowing for this provision to come to fruition. Appendix II 36 (c) The responsibilities of the Foreman or General Foreman shall include, but not be limited to, having authority, in the interest of the employer, to direct, promote, discharge, or discipline employees under his/her supervision, or through the use of independent judgment to recommend such action to management. (d) Request by the employer for a particular Union member previously employed under this Agreement by the employer or a joint venture of which the employer was a member and who has been laid off or terminated by the employer or the joint venture within three (3) years previous to the request shall be honored, and a request for a particular worker who has been laid off or terminated more than three (3) years, but not more than five (5) years prior to the request shall be honored to the extent that one person referred to the employer by the Tribe/Union from the out-of-work list shall be employed for every person so requested by name. Job stewards dispatched by the Union shall not qualify for a callback under the rehire clause. The job steward may be the first person hired and/or dispatched at the union's discretion. (e) Name request for persons with bona fide special skills will be honored from the individual and other subregion's Tribes’ "Group I " and "Group II" Lists. Unless approved by the Tribe, the name requested person must work in the designated classification. Special skills are defined as follows: 1) Asbestos, 9) Hod carrier 2) Asphalt Raker, 10) Miner, 3) Concrete Specialist, 11) Pipelayer (includes culvert & multiplate) 4) Concrete Vibratorman, 12) | Powderman, 5) Driller, 13) Scaffold Building and Erecting, 6) Formbuilder (for tunnels and 14) Traffic Worksite Supervisor, and pipeline work only), 15) Such other classifications that may be 7) Grade Checker, established by the joint hiring committees 8) Hazardous Waste, Appendix II 37 "Open Call" requests for workers with special skills and abilities will be dispatched in the order in which their names appear on the subregional out-of-work lists. (f) Where contractors/employers engage in a joint venture, workers employed by any of the joint ventures may be transferred to the job or called for by name if the requirements of the priorities mentioned above in Section 1 have been met by all of the joint ventures. (g) A subsidiary corporation or one under the control of another corporations shall be considered the same employer as the parent controlling corporation for the purpose of transferring workers to or from the parent, subsidiary, or controlled corporation. (8) Public Works Projects -Davis Bacon Act and Related Statutes. In the event an individual Employer bids on a public project being warded by a federal, state, borough, city or other public entity which is to be performed at a predetermined and/or prevailing wage rate established pursuant to the provisions of the Davis Bacon Act (Public Law 74-403 [8/30/35] as amended 3/21/41 and 7/2/64 40 USC 276A-276A7 as amended ) or established pursuant to the provisions of Title 36 Alaska Statutes, or any other prevailing wage, the published hourly wage and fringe rate set forth in said public award or the construction contract rate in effect at the time of bid shall apply for the duration of the project or the term of the AGC Agreement, even though such prevailing wage is less that the wage set forth in the AGC Agreement. The same principle shall also apply to fringe benefits. It is the intent of the Article that if the prevailing wage/benefit rate decreases during the term of the project, the Employer is entitled to adopt the lower prevailing wage unless prohibited by statute from doing so. Appendix II 38 Section 2. Classifications and Wages GROUP I - Hourly Wage Rate $24.35 Asphalt Workers (shovelman, plant crew) Brush Cutters Camp Maintenance Laborer Carpenter tenders or helpers Choke Setters, hook tender, rigger, signalman Concrete Labor (curb & gutter, chute handler, grouting, curing, screeding) Crusher Plant Laborer Demolition Laborer Ditch Diggers Dump Man Environmental Laborer (asbestos, hazardous and toxic waste, oil spill) Fence Installer Fire Watch Laborer Flagman Form strippers General Laborer Guardrail Laborer, bridge rail installers Hydro-seeder Nozzleman Laborers, Building Landscaper or Planter Material handlers Pneumatic or Power Tools Portable or Chemical Toilet Serviceman Pump Man or Mixer Man Railroad Track Laborer Sandblast, pot tender Saw Tenders Scaffold building & erecting Slurry work Stake Hopper Steam Point or Water Jet Operator Steam cleaner operator Tank Cleaning Utiliwalk, Utilidor Laborer, and Conduit Installer Watchman (construction projects) Appendix II 39 Window Cleaner GROUP II - Hourly Wage Rate $25.10 Burning and Cutting Torch Cement or Lime Dumper or Handler (sack or bulk) Chainsaw Operator, filer Choker splicer Chucktender (wagon, airtrack and hydraulic drills) Concrete Laborers(power buggy, concrete saws, pumpsrete nozzleman, Vibratorman) Environmental Laborer (marine work, oil spill skimmer operator, small boat operator) Foam Gun or Foam Machine Operator Green Cutter (dam work) Guardrail machine operator Gunnite Operator Hod Carriers Jackhammer or Pavement Breakers [more than 45 pounds] Laser Instrument Operators Mason Tender and Mud Mixer (sewer work) Pipelayers, Pipe Builder, Plastic Welding Plasterer, Bricklayer and Cement Finisher Tenders Powderman Helper Power saw Operator Railroad Switch Layout Laborer Sandblaster Sewer Caulkers Sewer Plant Maintenance Man Thermal Plastic Applicator Timber Faller, chain saw operator Timberman Traffic Worksite Supervisor GROUP III - Hourly Wage Rate $25.75 Alarm Installer Asphalt Raker, Asphalt Belly dump lay down Bit Grinder Appendix II 40 Drill Doctor (in the field) Drillers (including, but not limited to, wagon drills, air-track drills, hydraulic drills) Grade Checking (setting or transferring of grade marks, line and grade) High Rigger and Tree Topper High Scaler Pioneer Drilling and Drilling Off Tugger (all type drills) Powderman Slurry Seal Squeegee Man Welding (in connection with Laborers work) GROUP IV - Hourly Wage Rate $16.70 Final Building Clean up FOREMEN Laborer Foremen shall receive $1.00 per hour over the highest worker under their supervision. Powder Foreman and Drill Foreman shall receive $1.25 per hour over Group III. General Foreman shall receive $2.00 per hour over the highest worker under their supervision. PERMANENT YARD OR SHOP The regular hourly wage rate for Laborers employed in a construction employer's permanent yard or shop is $15.00 (Foreman $16.00) effective April 1, 1995. If the employee leaves the yard or shop area, the wage rate shall revert to 100% of the applicable rate except for Laborers that are not part of a specific construction project. EMPLOYEE SUPPLIED CHAIN SAW If the Employer requires an Employee to furnish their own chain saw, then the Employee will be compensated an additional $0.50 cents per hour in wages. ARTICLE Il Appendix II 41 FRINGE BENEFITS Section 1. Laborers Benefits. The Laborers Union shall administer the following fringe benefits trusts for the benefit of the members supplied by the Tribes under this Agreement : A. Alaska Laborer's Employer Health and Welfare Fund: The employers are signatory to a Trust Agreement establishing this fund made and entered into September 18, 1953, by and between the Union, the Trustees and the Associated General Contractors of Alaska, Inc., (and including individual employers and certain Local Unions thereto subscribing). It is understood that under the provision thereof, the employers contribute, effective April 1, 1994, Two Dollars Ninety-Eight Cents ($2.98) per each compensable hour accredited to Laborers in their employ for the purposes of group insurance as specified in said Trust Agreement. It is understood that the contributions are to be computed solely on the total number of compensable hours and are not to be included in wages or in computation of overtime. The details of the plan will be determined by the Board of Trustees of the Alaska Laborers-Employer Health and Welfare Fund, in accordance with the Trust Agreement which created the Trust Fund. The employer and the Union agree to be bound by said Trust Agreement and all lawful amendments thereto, and do further agree to accept as their representatives those employer-trustees and union-trustees who constitute the Board of Trustees of said Trust Fund and their lawful SuUCCeSSOrs. B. Alaska Laborers B Employers Defined Benefit Retirement Fund: The employers are signatory to a Trust Agreement establishing this fund made and entered into July 1, 1962, by and between the Union and the Associated General Contractors, Inc. It is understood that under the provision thereof, the employers contribute, effective September 1, 1999, Four Dollars and eighty cents ($4.80) per each compensable hour accredited to Laborers in their employ for the purposes of group retirement as specified in said Trust Agreement. It is understood that the contributions are to be computed solely on the total number of Appendix II 42 compensable hours and are not to be included in wages or in computation of overtime. For those employers contributing to the Alaska Laborers-Employers Supplemental Defined Contributions Pension Fund, the employer will contribute Twenty-Five Cents ($0.25) per each compensable hour accredited to Laborers in their employ. The details of the plan will be determined by the Board of Trustees of the Alaska Laborers-Employer Retirement Fund, in accordance with the Trust Agreement which created the Trust Fund. The employer and the Union agree to be bound by said Trust Agreement and all lawful amendments thereto, and do further agree to accept as their representatives those employer-trustees and union-trustees who constitute the Board of Trustees of said Trust Fund and their lawful SUCCeSSOrs. C. Alaska Laborers-Employers Supplemental Defined Contributions Pension Fund: The employers are signatory to a Trust Agreement establishing this fund made and entered into July 1, 1995, by and between the Union and the Associated General Contractors of Alaska, Inc. It is understood that under the provision thereof, the employers contribute, effective July 1, 1995, Twenty-Five Cents ($0.25) per each compensable hour accredited to Laborers with more than 15 years of service with a single contributing employer. The amount of the employer contribution to this plan is a direct offset in the Defined Benefit Plan contribution to the Alaska Laborers-Employers Defined Benefit Retirement Fund. The said Contributions are to be computed solely on the total number of compensable hours and are not to be included in wages or in computation of overtime. The details of the plan will be determined by the Board of Trustees of the Alaska Laborers-Employers Supplemental Defined Contribution Pension Fund, in accordance with the Trust Agreement which created the Trust Fund. The employer and the Union agree to be bound by said Trust Agreement and all lawful amendments thereto, and do further agree to accept as their representatives those employer-trustees and union- Appendix II 43 trustees who constitute the Board of Trustees of said Trust Fund and their lawful successors. D. Alaska Laborers’ Construction Industry Training Fund: The employers are signatory to a Trust Agreement establishing this fund made and entered into October 13, 1967, by and between the Union and the Associated General Contractors, Inc. It is understood that under the provision thereof, the employers contribute, effective September 1, 1999, Thirty-Five ($0.45) per each compensable hour accredited to Laborers in their employ for the purposes of training and upgrading as specified in said Trust Agreement. It is understood that the contributions are to be computed solely on the total number of compensable hours and are not to be included in wages or in computation of overtime. There will be a separate accounting for regulatory type training. The details of the plan will be determined by the Board of Trustees of the Alaska Laborers-Employer Construction Industry Training Fund, in accordance with the Trust Agreement which created the Trust Fund. The employer and the Union agree to be bound by said Trust Agreement and al] lawful amendments thereto, and do further agree to accept as their representatives those employer-trustees and union-trustees who constitute the Board of Trustees of said Trust Fund and their lawful successors. E. Alaska Laborers’ Legal Service Fund: It is agreed that the contractors and the signatory Laborers’ Local Unions will jointly create and establish a Legal Service Fund on or after July 1, 1976. Effective April 1, 1992, the employer will contribute the sum of One Cent ($0.01) for each compensable hour accredited to Laborers in their employ for the Legal Service Fund. The said contributions are to be computed solely on the total number of compensable hours and are not to be included in wages or in computation of overtime. The details of the plan will be determined by the Board of Trustees of the Alaska Laborers-Employer Construction Industry Legal Service Fund, in accordance with the Trust Agreement which created the Trust Fund. The employer and the Union agree to be bound by said Trust Appendix II 44 Agreement and all lawful amendments thereto, and do further agree to accept as their representatives those employer-trustees and union- trustees who constitute the Board of Trustees of said Trust Fund and their lawful successors. Section F. Labor Management Cooperation Committee. Employers shall deduct from an employee's wages and pay/make a contribution to the Yukon-Koyukuk Subregion Labor Management Cooperation Committee ("LMCC") the amount of 1.5% of gross weekly earnings plus which shall be used to defray TERO costs of administering this Agreement by the Tribes. The Yukon-Koyukuk Subregion LMCC shall be organized under the Labor-Management Cooperation Act of 1978 and may adopt whatever official name it deems appropriate. The Tribes and the Unions shall supply the appropriate forms to employers. Section H. Laborers= Employer Cooperation and Education Fund: (LECET) Effective September 1, 1998 the Employer will contribute the sum of Five Cents ($.05) for each compensable hour accredited to laborers in their employ for the fund. The said contributions are to be computed solely on the total number of compensable hours and are not to be in included in wages or in computation of overtime. The details of the plan will be determined by the Board of Trustees, in accordance with the Trust Agreement which created the Trust Fund. The employer and the Union agree to be bound by said Trust Agreement and all lawful amendments thereto, and do further agree to accept as their representatives those employer-trustees and union- trustees who constitute the Board of Trustees of said Trust Fund and their lawful successors. Section I. Dues Check Off: The Employers will deduct three (3%) of the employee=s gross weekly earnings for working dues from each Laborer in their employ, upon proper assignment of such deduction from each employee. Said deduction will be remitted monthly to the appropriate Laborers= Union on forms supplied by the Union. APPENDIX III Appendix II 45 OPERATING ENGINEERS LOCAL 302 SCHEDULE A Article 1 Fringe Benefits, Hiring Provisions, Working Rules Classifications and Wage Rates Wage rates will become effective upon ratification and notification on all work and shall apply to all construction work performed by the Employer within the jurisdiction of Local No. 302 in the State of Alaska. Section 1. Working Dues Check-Off Assignment In accordance with the terms of an individual and voluntary written authorization for check-off of membership dues in form permitted by the provisions of Section 302 (c) of the Labor Management Relations Act, as amended, the Employer agrees to deduct for Working Dues an amount per compensable hour of wages, from each employee covered by this Agreement, once each week, which has been or will be in the future authorized by the membership of Local 302. Said amount will be deducted from each compensable hour of wages once each week for the wages of each employee covered by this Agreement. All monies collected for Working Dues by the Employer shall be paid to the agent for Local 302, namely: Operating Engineers, Welfare & Pension Administration Service, Inc., P.O. Box 34205, Seattle, Wash. 98124-1205. The Working Dues which are deducted shall be paid monthly by the 15th of the month following the month in which they were deducted. The Operating Engineers Union shall administer the following fringe benefits trust for the benefit of the members supplied by the Tribes under this Agreement: Section 2. Health and Security - $4.00 per hour: It is agreed that Employers covered by this Agreement shall contribute a sum of four dollars ($4.00) for each compensable man-hour of Operating Engineers, including supervisory employees when covered by this Agreement, employed by such Employers in work contained in the terms of this Agreement. Said contributions shall be made on or before the fifteenth (15) day following the month in which the hours were worked to Local 302 International Union of Operating Engineers Construction Industry Health and Security Trust Fund in the manner as set forth in the Trust Agreement of said Trust Fund. The details of the Health and Security Plan established Appendix III 46 by this Trust Fund shall continue to be controlled and administered by a Joint Board of Trustees composed of equal representation from the Unions (Tribes?) and the Chapters of the Associated General Contractors of America, Inc., who are the signatories to the Trust Agreement of the aforesaid Trust Fund. Each Trustee appointed by the Union shall be a member of the Union, and each Trustee appointed by the Employers shall be a member of an affiliated firm of the Chapters of the Associated General Contractors of America, Inc. It is understood that the Union and Employer associations are principal parties to the Trust Agreement and, therefore, shall be furnished full information on the actions of the Trustees and the operations of the Trusts. As parties to this Agreement, the Tribes are also entitled to this information. Section 3. Pensions - $4.00 per hour: It is agreed that all Employers covered by this Agreement shall contribute a sum of four dollars ($4.00) for each compensable man-hour of Operating Engineers, including supervisory employees when covered by this Agreement, employed by such Employers in work contained in the terms of this Agreement. Said contributions shall be made on or before the fifteenth (15) day of the month following the month in which the hours were worked to the Local 302 Operating Engineers-Employers Retirement Fund in the manner as set forth in the Trust Agreement of said Trust Fund. The details of the Retirement Plan established by this Trust Fund shal] continue to be administered by a join Board of Trustees composed equal representation from the Unions and the Chapters of the Associated General Contractors of America, Inc., who are the signatories to the Trust Agreement of the aforesaid Trust Fund. Each Trustee appointed by the Union shall be a member of the Union, and each Trustee appointed by the Employers shall be a member of an affiliated firm of the Chapters or a regular paid employee of the Associated General Contractors of America, Inc. It is understood that the Union and Employer associations are principal parties to the Trust Agreement and, therefore, shall be furnished full information on the actions of the Trustees and the operations of the Trusts. As parties to this Agreement, the Tribes are also entitled to this information. Section 4. Apprenticeship Training B Retraining - $.45 per hour: Appendix III 47 It is agreed that all Employers covered by this Agreement shall contribute a sum of forty-five ($.45) cents for each compensable man-hour of Operating Engineers, including supervisory employees when covered by this Agreement, employed by such Employers in work contained in the terms of this Agreement. Said contributions shall be made on or before the fifteenth (15) day following the month in which the hours were worked to Local 302 International Union of Operating Engineers-Employers Training Fund in the manner as set forth in the Trust Agreement of said Trust Fund. The details of the Training Plan established by this Trust Fund shal! continue to be controlled and administered by a Joint Board of Trustees composed of equal representation from the Unions (Tribes?) and the Chapters of the Associated General Contractors of America, Inc., who are the signatories to the Trust Agreement of the aforesaid Trust Fund. Each Trustee appointed by the Union shall be a member of the Union, and each Trustee appointed by the Employers shall be a member of an affiliated firm of the Chapters of the Associated General Contractors of America, Inc. It is understood that the Union and Employer associations are principal parties to the Trust Agreement and, therefore, shall be furnished full information on the actions of the Trustees and the operations of the Trusts. As parties to this Agreement, the Tribes are also entitled to this information. Section 5. Labor Management Cooperation Committee. Employers shall deduct from an employee's wages and pay/make a contribution to the Yukon-Koyukuk Subregion Labor Management Cooperation Committee ("LMCC") the amount of 1.5% of gross weekly earnings plus which shall be used to defray TERO costs of administering this Agreement by the Tribes. The Yukon-Koyukuk Subregion LMCC shall be organized under the Labor-Management Cooperation Act of 1978 and may adopt whatever official name it deems appropriate. The Tribes and the Unions shall supply the appropriate forms to employers. Section 6. Contributions to Trusts. It is understood that benefit payments and contributions paid by the employers under this Agreement to the various Funds, are to be computed solely on the total number of compensable hours worked by persons that are members of the Unions only, and are not to be included in wages and will not, therefore, be subject to either Federal, State, or Tribal withholding Appendix III 48 taxes and further shall not be considered or included in the computation of overtime pay. Section 7. Other Benefits. The Parties may establish other benefit plans by mutual agreement as they shall determine from time-to-time. ARTICLE II APPRENTICESHIP TRAINING-RETRAINING Section 1. Apprenticeship Training-Retraining The parties agree it is in their mutual interest and in the interest of the construction industry that new employees be trained in the operation of equipment covered by this Agreement. Therefore, in the furtherance of this objective, the parties are signatory to a Trust Agreement in existence by and between the Associated General Contractors of Alaska, and Local 302 of the I.U.O.E. The parties further agree to maintain a formal Apprenticeship Plan for the training of operating engineers for the State of Alaska. The parties of this Agreement agree to participate in and support the Apprenticeship Plan and to abide by its local rules and requirements governing the selection, manning, qualifications, education and training of all apprentices, insofar as said rules and requirements conform to the National Apprentice and Training Standards for the trade of Operating Engineers and to all applicable laws. Where conditions permit, the Employer may utilize apprenticeship ratios of up to one apprentice for every five journeymen; however the requirements of the approved standards are to be applied. Section 2. Contributions It is agreed that all Employers covered by this Agreement shall contribute a sum of forty-five (.45) cents, for each compensable man-hour of operating engineers, including supervisory employees when covered by this Agreement, employed by such Employers in work contained in the terms of this Agreement. Said contributions shall be made, on or before the fifteenth day of the month following the month in which the hours were worked, to the Local 302, Operating Engineers-Employers Training Fund in the manner set forth in the Trust Agreement of the said Trust Fund. The details of the Training Plan established by this Trust Fund shall continue to be controlled and administered by a Joint Board of Trustees composed of equal representatives from the Union and the Associated General Contractors of Alaska, who are signatory to the Trust Agreement of the aforesaid Trust Fund. Each Trustee Appendix III 49 appointed by the Union shall be a member of the Union, and each Trustee appointed by the Employers shall be a member of an affiliated firm of the Chapter or a regular paid employee of the Associated General Contractors of Alaska. NOTE: If found necessary, a portion of any wage raise may be applied to Health and Security, Retirement and/or Apprentice Training-Retraining Trust Fund by the Union giving thirty (30) days= notice to the Employers prior to wage increments. Contributions to each Trust are applicable to hours of bargaining unit employees only and not to hours worked by non-unit supervisors. When a bargaining unit employee is temporarily working outside a craft or as part of a composite crew as per Article XIII, benefit contributions will be payable by the Employer only to the Trust Funds of the craft of which the employee is a member (i.e., no double contributions to Trusts). ARTICLE III RECIPROCITY If Local 302 has entered into a reciprocity agreement with a sister local outside the jurisdiction of the Agreement providing that an Employer covered by this Agreement may bring its key employees with it into Local 302's jurisdiction, said Employer shall be permitted to make contributions to the AGC sister local trust funds on behalf of its key employees. In the event the total contributions under this Agreement are higher than the total AGC sister local contributions rate, the difference shall be paid to the employee as a part of his wages. ARTICLE IV HIRING OF OPERATING ENGINEERS Section 1. Persons Dispatched By The Union The Union agrees to dispatch only persons who are qualified to perform the required work and the Employers agree to employ only qualified operating engineers. Operating engineers shall be qualified for employment under this Agreement who have had at least two (2) years of actual practical working experience in the building, heavy, highway and related industries. Section 2. Obligation To Hire Through The Union Appendix III 50 Employers shall hire qualified operating engineers by calling the Union. The Employer shall notify the local Union office either in writing or by telephone, stating the location, starting time, approximate duration of the job, the type of work to be performed, and the number of operating engineers required. Section 3. Group listing Employees covered by this Agreement have certain accrued rights or benefits for themselves and their dependents under health and welfare and/or pension plans which accrue to them by virtue of length of employment with the Employers party to this and related Agreements, and such rights are generally continuous while under employment and remain effective until a certain period of time after layoff or discharge. Priority rights mean the rights accruing to Employees, as hereafter provided in this and related Agreements, through length of service with Employers which will entitle the operating engineer to a priority or preference of rehire after termination or layoff. This priority shall in no way be considered as a right for the purpose of tenure of employment. All classes of operating engineers shall be hired and/or rehired in accordance with length of service with Employers in this and other related collective bargaining units as listed: Section4 — Referral by the Union (a) The referral procedure as contained herein shall be followed except that: (1) Requests by Employers for key personnel to act as master mechanics or foreman shall be honored without regard to the requested person's place on the out-of- work list. Such foreman will not be considered a craft working foreman routinely entitled to perform bargaining unit work, until he/she has accumulated 500 compensated hours with the Employer unless otherwise approved by the Union. Unless otherwise approved by the Union, foremen hired under the provisions of this hiring agreement shall not be reduced to a lower classification nor shall their employment as a foreman qualify them for a call back, until they have been employed by the Employer in any capacity under the terms of this Agreement or a previous Agreement for at least 500 hours. (2) | Requests by Employers for a particular person in Group I or Group II Appendix III 51 previously employed by the Employer or a joint venture of which the Employer was a member within the geographical area of this Agreement and who has been laid off or terminated by the Employer or the joint venture within five (5) years previous to the request shall be honored. (3) | The Union recognizes that manning requirements may vary from project to project and the Employer's need for individuals with special skills and/or experience within a work classification could require more flexible terms in the request procedure. Therefore, should this occur, the Union and the Employer will meet and resolve each request on a case by case basis either in the best interest of the industry and/or the Special conditions clause contained in this Agreement. (4) In the best interests of the industry, requests by Employers for particular engineers with no priority shall be honored without regard to the requested person=s place on the out-of-work lists, provided that said individuals occupy the status of college students (seeking summer employment only), majoring in civil engineering, architecture, or construction management; sons and daughters of management or of individuals employed as Operating Engineers. Provided further, however, that any dispute arising as a result of such requests may be referred to the Joint Hiring Committee in accordance with the provisions of Article III. For each person dispatched as a college student or son or daughter of management under this clause, the Employer shall employ a son or daughter of an operating engineer. (5) Requests by Employers for a particular person in Group 1 shall be honored provided that person has completed a length of service in one or more work classifications (set out in this or other I.U.O.E. related Alaskan construction agreements) of at least ten (10) years for employers signatory to this or other related I.U.0.E. Alaskan construction agreements. A year of service is considered complete when the hours worked are sufficient to have earned at least 250 hours in a calendar year in the pension plan referenced in this Agreement. Verification (i.e., Welfare and Pension Administration Service; Inc. information) must be submitted at least once to the referring district Union office by the employee as proof of the 10 years service as set forth above. (b)Where Employers engage in a joint venture, persons employed by any of the joint venturers may be transferred to the job or called for by name if the requirements of (e) 1, 2, and 3 above have been met by the joint venturers. (c) A subsidiary corporation or one under control of another corporation shall be considered Appendix III 52 the same Employer as the parent or controlling corporation for the purpose of transferring personnel to or from the parent, subsidiary or controlled corporation. (d) A reasonable fee may be charged for the registration of any applicant. (1) Disputes that arise out of this section (Hiring of Operating Engineers) will be settled by the Joint Hiring Hall Committee set forth in Article III of the Master Agreement. Appendix III 53 ARTICLE V WORKING RULES Section 1. Working Rules The Employers recognize and agree that Local No. 302 of the I.U.O.E. is the exclusive bargaining agent for all engineers, apprentices, mechanics, and _ oilers/assistant engineers/service engineers, in the operation, maintenance, greasing and servicing, shop, and job site repair of all heavy equipment, including the maintenance, greasing and servicing and repair of all automotive equipment covered by this Agreement. It is further agreed that Historic Jurisdictional Agreements of Record in the State of Alaska will be observed. (a) On tower cranes where the operator is required to operate from a cab walkway or platform, or on power shovels, mucking machines, crawler cranes, truck cranes, floating cranes, Whirley cranes, locomotive cranes, Hyster cat cranes, 16" and over trenching machines, rock crushers and asphalt plants, the Employer and the Union shall agree whether an oiler/assistant engineer or fireman is required. However, whenever an operating engineer on any piece of equipment requires assistance in the operation of said equipment, maintenance or repair, such extra person or persons shall be operating engineers, oilers/assistant engineers, firemen or deck hands, and under the direct supervision of the operator. (b) Mechanics and service oilers/service engineers shall furnish their own tools but shall not be required to furnish special tools as follows: Air or electric wrenches, gear and gearing pullers, electric drills, reamers, taps, and dies, oxy-acetylene hoses, gauges, torches and tips, thirty-six inch pipe wrenches, socket wrench drives over 3/4 inch, wrenches over two (2) inches, coffin hoists and hydraulic jacks. (c) Mechanics and service oilers/service engineers shall not be required by the Employer to furnish their own transportation for tools to perform their work assignments. (d) Tools broken or damaged in the course of employment will be replaced or reimbursement will be made by the Employer upon the presentation of satisfactory evidence. (e) Neither this nor any other provisions of this Schedule A or the Master Agreement shall be interpreted or applied in any manner to impair or preclude the Employer from continuing its historic practices regarding the subcontracting of maintenance work. Appendix III 54 ARTICLE VI WARRANTY WORK The only exception with respect to the work covered by this Agreement is warranty work, and this work will be permitted and performed in accordance with the manufacturers or sellers warranty program. Equipment which is leased, or is on a rental-purchase contract, in which ownership resides in the dealer, shall be considered to belong to Employer for the purpose of this Article. ARTICLE VII OWNER-OPERATOR When a piece of equipment is operated by its owner and is used on work covered by this Agreement, the owner-operator of said piece of equipment shall be paid wages and fringe benefits by the Employer subject to the terms and conditions of this Agreement, and the check stubs will show equipment rental separate from other items. This Article shall not apply when a written sub-contract has been entered into with the owner-operator. ARTICLE VIII WAGES AND CLASSIFICATIONS GROUP I T/A/9T - $28.37 7/1/98 - $29.07 7/1/99 - $29.72 Asphalt Roller. Back Filler. Barrier Machine (Zipper) Batch Plant Operator: batch and mixer over 200 yards per hour. Beltcrete with Power Pack and similar conveyors. Bending Machine. Boat Coxwains. Bulldozer. Cableways. Highlines and Cablecars. Cleaning Machine. Coating Machine. Cranes-45 tons and under or 150 foot of boom and under (including jib and attachments). 50 foe [9 Jo» > fb [> Is [= ae REIS Appendix III 55 (a) Shovels, backhoes, draglines, clamshells. gradalls-3 yards and under. (b) Hydralifts or Transporters, all track or truck type. (c) Derricks. 13. Crushers. 14. Deck Winches-Double Drum. 15. | Ditching or Trenching machine (16 inch or over). 16 Drilling Machines, core, cable, rotary, and exploration. 17 Finishing Machine operator, concrete paving, Laser Screed, and sidewalk. curb and gutter machine. 18. Helicopters. 19. Hover Craft, Flex Craft, Loadmaster, Air Cushion, All Terrain Vehicle, Rollagon, Bargecable. Nodwell Sno Cat. 20. Hydro Ax: Feller Buncher and similar. 21. Loaders. (a) Forklifts with power boom and swing attachment. (b) Overhead and front end, 2 1/2 yards through 5 yards. (c) Loaders with forks or pipe clamps. (d) Loaders, elevating belt type, Euclid and similar types. 22. Mechanics, Welders, Bodyman, Electrical, Camp Maintenance Engineer. 23° Micro Tunneling Machine 24 Mixers: Mobile type with hoist combination. 25. Motor Patrol Grader. 26. | Mucking Machines: Mole, Tunnel Drill, Horizontal/Directional Drill Operator, and/or Shield. 27 Operator on Dredges. 28. Piledriver Engineers, L.B. Foster, Puller, or similar paving _ breaker. 29. Power Plant, Turbine Operator, 200 k.w. and over (power plants or combination of power units over 300 k.w.). 30. Sauerman-Bagley. Scraper-through 40 yards. Sidebooms-under 45 tons. 31. 32. 33. Shot Blast Machine. 34 Spreaders, Blaw Knox, Cedarapids, Barber Greene, Screed, Slurry machine. 35. | Sub Grader (Gurries, C.M.L. and C.M I. Roto Mills and similar types). 36. Tack Tractor. 37 Truck Mounted Concrete Pump, Conveyor, and Creter. 38. | Wate Kote Machine. 39 Unlicensed Off Road Hauler GROUP IA Appendix II 56 7/1/97 - $29.91 7/1/98 - $30.61 7/1/99 - $31.26 L. Camera/Tool/Video Operator (Slipline). 2. Cranes-over 45 tons or 150 foot (including jib and attachments). (a) Shovels, backhoes, draglines, clamshells-over 3 yards. (b) Tower Cranes. Loaders over 5 yards. Motor Patrol Grader (finish: when finishing to final grade and/or to hubs, or for asphalt). Power Plants: 1000 k.w. and over. Quad. Sidebooms over 45 tons, Slip Form Paver, C.M.I. and similar types. Scrapers over 40 yards. BY so Joo J | | GROUP II 7/1/97 - $27.70 7/1/98 - $28.40 7/1/99 - $29.05 Batch Plant Operator: batch and mixer 200 yards per hour and under. Boiler-Fireman. Cement Hogs and Concrete Pump Operators. Conveyors (except as listed in Group I). Hoists on steel erection, Towermobiles and Air Tuggers. Horizontal/Directional Drill Locator Licensed Grade Technician. Loaders, Elevating Grader, Dumor and similar. Locomotives: rod and geared engines. Mixers. Screening, Washing Plant. Service Oiler/Service Engineer. Sideboom (cradling rock drill regardless of size). Skidder. Trenching Machines under 16 inches. sl dati od pel il aE GISESL eRe wre RE GROUP III 7/1/97 - $27.07 7/1/98 - $27.77 7/1/99 - $28.42 Appendix III 57 aAg Frame Trucks, Deck Winches: single power drum. Bombardier (tack or tow rig). Boring Machine. Brooms-power. Bump Cutter. Compressor. Farm Tractor. Forklift, industrial type. Gin Truck or Winch Truck with poles when used for hoisting. Grade Checker and Stake Hopper. Hoists, Air Tuggers, Elevators. Loaders: (a) Elevating-Athey, Barber Greene and similar types. (b) Forklifts or lumber carrier (on construction job sites). (c) Forklifts with tower. (d) Overhead and front end, under 2 1/2 yards. 13. Locomotives: Dinkey (air, steam, gas and electric) speeders. 14. | Mechanics, light duty. 15. Mixers: concrete mixers and batch, 200 yards perhourand —_ under. 16. Oil. Blower Distribution. 17. Posthole Diggers, mechanical. 18. Pot Fireman (power agitated). 19. Power Plant, turbine operator, under 300 k.w. 20. Pumps-water. 21. Rig Ojiler/Assistant Engineer, over 45 ton, over 3 yards or over 150 foot boom. 22. Rollers-other than Plantmix. 23. Saws. concrete. 24. Straightening Machine. 25. Tow Tractor. = |S be be Is I I be Ie IS ls No k GROUP IV 7/1/97 - $21.65 7/1/98 - $22.35 7/1/99 - $23.00 1. Rig Oiler/Assistant Engineer (advances to Group Ill if over 45 tons or 3 yards or 150 foot boom). Parts and Equipment Coordinator. Swamper (on trenching machines or shovel type equipment). Spotter. |x |e Appendix III 58 oS: Steam Cleaner. 6. Drill Helper. 2 2 2 2 oe oe Oiler Foreman to receive 754 per hour over Group II. Operator and Mechanic Foreman to receive 754 _per hour over Group JA. General Foreman and Master Mechanic to receive $1.50 per hour over Group IA. Mechanic Leadman to receive 504 per hour over Group I. Operators working underground to receive a ten percent (10%) premium. Crane operators employed to service a special craft exclusively or assigned to service a special craft temporarily on a particular operation of a project shall receive the same overtime rate as the special craft receive while so employed. Wage scales for operators of equipment not listed herein shall be negotiated at the time such equipment is to be operated. ARTICLE IX APPRENTICES Operating Engineer Apprentice wage scales are established by the Joint Apprenticeship and Training Board of Trustees. The percentage of journeyman pay paid each apprentice is based upon the number of hours worked in the program and is approved by the United States Department of Labor. This can be only altered with that Agency—s approval. Pension, Health, and Security etc., are paid as journeyman. The actual specifics may be obtained from the Joint Apprentice and Training Offices, Appendix III 59 Proto Creor: Douctas Yares Forthree weeks in March and April, 23 eager men and women descended on the Laborers Union, Local 942, training facility in Fairbanks, Under the guidance of three experienced construction- trade veterans, the crew from villages in the Yukon-Koyukuk Sub-region learned bow to build a house from the ground up. The program called. ‘for six-day work weeks, eight hours a day. (See story on Page 3.) It wasn’t all hammer and nails, however. There was class time devoted to reading, writing and arithmatic. Calculating perimeters and square footage was joined with technical issues about insulation values and vapor barriers. Visiting experts provided up-to-date information about why it’s necessary to build structures that breath. Houses without good. ventilation develop mold and fungus which can attack the lungs and mucus membranes of cotaren and elders. The cooperative training program ts a joint venture between a number of TCC tribes and the union. Parties on all sides recognize the value of training and employing local people for construction projects in the TCC region. The union boosts its membership while demonstrating leadership in Alaska’s competitive employment environment. Participating villages gain bighly skilled construction trade personnel, keeping dollars and villagers close to home. Individual workers gain job opportunities and pensions benefits that previously were only available in the cities or on the North Slope. ’ — cae UU nwaed baba Acadamy hacte Fmaraency Trauma Class